James Bogart, 33, has been charged with the shooting death of a housemate in 2008.

Third Judicial District Deputy District Attorney Pedro Pineda said Bogart's attorney, Jeff Lahann, recently filed a continuance motion that asked Chief Judge Douglas R. Driggers to push the trial back three months due to Bogart's declining health.

"We're opposed to any continuances because of the length (of the case)," Pineda said. "Our victims have rights."

Lahann could not be reached for comment.

Driggers addressed the motion in a hearing Monday, but did not reach a decision, Pineda said. That could come Thursday afternoon when a doctor is slated to testify at the conclusion of the motion hearing.

Investigators allege that Bogart shot and killed Jeremy Hernandez after a March 2008 argument.

An Iraq War veteran, Hernandez, 30, was shot at his home off Roadrunner Parkway. Bogart had lived with Hernandez and his wife for about five weeks.

Due to issues with the indictment process, prosecutors filed charges three times. Bogart faces second-degree murder and evidence tampering charges.

Prolonging the case further have been disputes between his defense attorney and prosecutors regarding the nature of Bogart's medical disorder — he is confined to a wheelchair after being shot by a burglar —and how it could affect his participation in the trial.

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If Driggers denies Bogart's continuance motion, the trial should begin, as scheduled, April 1. It is scheduled for two weeks, significantly longer than most trials, due to Bogart's medical issues.

James Staley may be reached at 575-541-5476. Follow him on Twitter @auguststaley